MINUTES. NOW WE TURN TO FIVE INVESTIGATES WITH NEW CONCERNS THAT MASSACHUSETTS MAY BE UNDERESTIMATING THE NUMBER OF RAPE KITS IN THE STATE. THAT WERE NEVER TESTED AS EVIDENCE. >> UNTESTED EVIDENCE FROM SEX ASSAULTS IS A MAJOR PROBLEM ACROSS THE COUNTRY. KAREN ANDERSON JOINS US LIVE >> WE TOLD YOU MONTHS AGO THAT THE FORMER HEAD OF PUBLIC SAFETY ESTIMATED THERE COULD BE 10-THOUSAND OR MORE UNTESTED RAPE KITS HERE. ONCE THE STATE GOT A TOTAL AND TOLD US IT WAS ONLY 387, ADVOCATES TOOK NOTICE. >> EACH ONE OF THIS -- EACH ONE OF THESE IS A RAPE SURVIVOR. >> THE JOYFUL HEART FOUNDATION HAS NOW FILED REQUESTS WITH SEVERAL CITIES TO GET THEIR BACKLOG NUMBERS EXPECTING THEY MAY BE HIGHER THAN WHAT THE STATE IS REPORTING. FOR DECADES, MANY RAPE KITS HAVE SET IN EVIDENCE ROOMS, UNTESTED FOR DNA THAT COULD LEAD TO ARRESTS. REQUIRES THAT ON THE KITS ARE TESTED AND ALSO FORCES THE STATE TO TAKE AN INVENTORY OF OLDER UNTESTED KITS. WHEN IT COMES TO THAT NUMBER, CONNECT IS SKEPTICAL. >> IT SEEMS IMPOSSIBLE THAT THIS IS THE REAL NUMBER OF KITS. >> THE DEPARTMENT OF PUBLIC SAFETY SAYS IT IS FOUND 387 UNTESTED KITS NOT COUNTING BRISTOL COUNTY. THE IS OFFICE DID ITS OWN INVENTORY AND FOUND MORE THAN 2100 IN ITS PRELIMINARY CHECK. OTHER STATES HAVE RECENTLY FOUND TENS OF THOUSANDS OF UNTESTED KITS AS PART OF THEIR REFORMS. >> IT SEEMS TO US THAT THERE MUST BE CAP SITTIN ON SHELVES SOMEWHERE. >> WHAT’S YOUR REACTION? >> IT’S THE REGION WERE HERE. X THEY TELL FIVE INVESTIGATES THAT THE LOW NUMBER IS BECAUSE THEY STARTED WORKING WITH LOCAL POLICE LONG AGO ON THE BACKLOG. GIVEN THE YEARS OF WORK WE HAVE UNDERTAKEN, IT IS NO SURPRISE THAT MASSACHUSETTS HAS FEWER AND SUBMITTED KITS THAT STATES WHERE THEY ONLY RECENTLY BECAME A PRIORITY. THE STATE EXPLAINS BRISTOL COUNTY’S ESTIMATE BY SAYING THEY USE DIFFERENT REPORTING CRITERIA. >> I HAVE DONE UP WORK IN THIS ARENA JUST TO HAVE A FEELING THAT THERE IS SOMETHING HERE WE NEED TO LOOK INTO MORE. >> THAT’S WHY THE JOYFUL HEART FOUNDATION HAS NOW FILED REQUESTS WITH SEVERAL CITIES TO GET THEIR BACKLOG NUMBERS EXPECTING THEY MAY BE HIGHER THAN WHAT THE STATE IS RE

For Ilse Knecht, testing rape hits is about survivors and safety. "Behind each one of these rape kits is a sexual assault survivor who deserves a path to healing and justice," Knecht said. "It also represents the fact that there might be dangerous people that are still on the streets." As the policy director for the Joyful Heart Foundation, she's behind a nationwide effort to get rape evidence kits off police department shelves and into crime labs. For decades, many kits have sat in evidence rooms, untested for DNA that could lead to arrests.Massachusetts passed a law that requires all new rape kits are tested, with a tracking system for survivors. The law also forced the state to take an inventory of older untested kits in Massachusetts. Five Investigates first reported that the Department of Public Safety said it found 387 untested rape kits. But Knecht is skeptical. "It just seems almost impossible that this is the real number of kits they have," she said.The Department of Public Safety says its tally of 387 untested kits does not include Bristol County. The Bristol County District Attorney's Office is doing its own audit, and found more than 2,100 untested kits in a preliminary check.Other states have recently found tens of thousands of untested kits as part of their reforms. Knect says the numbers just don't add up. "It seems to us that there must be there must be kits standing on shelves somewhere." When asked what her reaction to that is, Knect replied, "It's the reason that we're here." The Department of Public Safety tells 5 Investigates the low number of untested kits here is because they started working with local police long ago on the backlog. Spokesperson Jake Wark said in a written statement:“When the criminal justice reform law was passed, EOPSS and the State Police Crime Lab began working closely with local law enforcement agencies across Massachusetts to identify the investigatory kits in their custody that had never been submitted to the Lab. This process reflects a long-term commitment by Massachusetts law enforcement, and especially the State Police Crime Lab, to support survivors and use our technological resources to identify perpetrators. Given the years of work we’ve undertaken, it’s no surprise that Massachusetts has fewer unsubmitted kits than states where they only recently became a priority.”The Executive Office of Public Safety and Security said its numbers are so much lower than Bristol County's because the DA is using different reporting criteria.The Bristol County DA they are simply counting any rape kit that hasn't been fully tested. Knecht says that's the way an audit should be done. "I've done enough work in this arena -- many, many other states -- just have a feeling that there's something here we need to look a little bit more into," Knecht said. The Joyful Heart Foundation has now filed records requests with 15 of Massachusetts' largest cities to get their backlog numbers to be able to compare what the state is reporting.

WALTHAM, Mass. —

For Ilse Knecht, testing rape hits is about survivors and safety.

"Behind each one of these rape kits is a sexual assault survivor who deserves a path to healing and justice," Knecht said. "It also represents the fact that there might be dangerous people that are still on the streets."

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As the policy director for the Joyful Heart Foundation, she's behind a nationwide effort to get rape evidence kits off police department shelves and into crime labs. For decades, many kits have sat in evidence rooms, untested for DNA that could lead to arrests.

Massachusetts passed a law that requires all new rape kits are tested, with a tracking system for survivors.

The law also forced the state to take an inventory of older untested kits in Massachusetts.

Five Investigates first reported that the Department of Public Safety said it found 387 untested rape kits.

But Knecht is skeptical.

"It just seems almost impossible that this is the real number of kits they have," she said.

The Department of Public Safety says its tally of 387 untested kits does not include Bristol County.

The Bristol County District Attorney's Office is doing its own audit, and found more than 2,100 untested kits in a preliminary check.

Other states have recently found tens of thousands of untested kits as part of their reforms.

Knect says the numbers just don't add up. "It seems to us that there must be there must be kits standing on shelves somewhere."

When asked what her reaction to that is, Knect replied, "It's the reason that we're here."

The Department of Public Safety tells 5 Investigates the low number of untested kits here is because they started working with local police long ago on the backlog.

Spokesperson Jake Wark said in a written statement:

“When the criminal justice reform law was passed, EOPSS and the State Police Crime Lab began working closely with local law enforcement agencies across Massachusetts to identify the investigatory kits in their custody that had never been submitted to the Lab. This process reflects a long-term commitment by Massachusetts law enforcement, and especially the State Police Crime Lab, to support survivors and use our technological resources to identify perpetrators. Given the years of work we’ve undertaken, it’s no surprise that Massachusetts has fewer unsubmitted kits than states where they only recently became a priority.”

The Executive Office of Public Safety and Security said its numbers are so much lower than Bristol County's because the DA is using different reporting criteria.

The Bristol County DA they are simply counting any rape kit that hasn't been fully tested.

Knecht says that's the way an audit should be done.

"I've done enough work in this arena -- many, many other states -- just have a feeling that there's something here we need to look a little bit more into," Knecht said.

The Joyful Heart Foundation has now filed records requests with 15 of Massachusetts' largest cities to get their backlog numbers to be able to compare what the state is reporting.